As used in this section, “agency” has the same meaning as in section 111.15 of the Revised Code.

Terms Used In Ohio Code 3798.12

  • Minor: means an unemancipated person under eighteen years of age or a mentally or physically disabled person under twenty-one years of age who meets criteria specified in rules adopted by the medicaid director under section 3798. See Ohio Code 3798.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Political subdivision: means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. See Ohio Code 3798.01
  • Rule: includes regulation. See Ohio Code 1.59
  • State agency: means any one or more of the following:

    (1) The department of administrative services;

    (2) The department of aging;

    (3) The department of mental health and addiction services;

    (4) The department of developmental disabilities;

    (5) The department of education and workforce;

    (6) The department of health;

    (7) The department of insurance;

    (8) The department of job and family services;

    (9) The department of medicaid;

    (10) The department of rehabilitation and correction;

    (11) The department of youth services;

    (12) The bureau of workers' compensation;

    (13) The opportunities for Ohioans with disabilities agency;

    (14) The office of the attorney general;

    (15) A health care licensing board created under Title XLVII of the Revised Code that possesses individually identifiable health information. See Ohio Code 3798.01

(A) Except as provided in division (B) of this section, any of the following pertaining to the confidentiality, privacy, security, or privileged status of protected health information transacted, maintained in, or accessed through a health information exchange is unenforceable if it conflicts with this chapter:

(1) A section of the Revised Code that is not in this chapter;

(2) A rule as defined in section 119.01 of the Revised Code;

(3) An internal management rule as defined in section 111.15 of the Revised Code;

(4) Guidance issued by an agency;

(5) Orders or regulations of a board of health of a city health district made under section 3709.20 of the Revised Code;

(6) Orders or regulations of a board of health of a general health district made under section 3709.21 of the Revised Code;

(7) An ordinance or resolution adopted by a political subdivision;

(8) A professional code of ethics.

(B) Division (A) of this section does not render unenforceable or restrict in any manner any of the following:

(1) A provision of the Revised Code that on the effective date of this section requires a person or governmental entity to disclose protected health information to a state agency, political subdivision, or other governmental entity;

(2) The confidential status of proceedings and records within the scope of a peer review committee of a health care entity as described in section 2305.252 of the Revised Code;

(3) The confidential status of quality assurance program activities and quality assurance records as described in section 5122.32 of the Revised Code;

(4) The testimonial privilege established by division (B) of section 2317.02 of the Revised Code;

(5) An item described in divisions (A)(1) to (8) of this section that governs any of the following:

(a) The confidentiality, privacy, security, or privileged status of protected health information in the possession or custody of an agency;

(b) The process for obtaining from a patient consent to the provision of health care or consent for participation in medical or other scientific research;

(c) The process for determining whether an adult has a physical or mental impairment or an adult’s capacity to make health care decisions for purposes of Chapter 5126. of the Revised Code;

(d) The process for determining whether a minor has been emancipated.

(6) When a minor is authorized to consent to the minor’s own receipt of health care or make medical decisions on the minor’s own behalf, including the circumstances described in sections 2907.29, 3709.241, 3719.012, 5120.172, 5122.04, and 5126.043 of the Revised Code.

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